BILL NUMBER: AB 2799	CHAPTERED  09/30/00

	CHAPTER   982
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN ASSEMBLY   MAY 23, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 2000

INTRODUCED BY   Assembly Member Shelley
   (Principal coauthor: Senator Bowen)
   (Coauthors:  Assembly Members Alquist and Romero)

                        FEBRUARY 28, 2000

   An act to amend Sections 6253 and 6255 of, and to add Section
6253.9 to, the Government Code, relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2799, Shelley.  Public records:  disclosure.
   (1) The California Public Records Act provides that any person may
receive a copy of any identifiable public record from any state or
local agency upon payment of fees covering direct costs of
duplication or a statutory fee if applicable.  The act provides that
it shall not be construed to permit an agency to obstruct the
inspection or copying of public records and requires any notification
of denial of any request for records pursuant to the act to set
forth the names and titles or positions of each person responsible
for the denial.  The act also requires computer data to be provided
in a form determined by the agency.
   This bill would provide that nothing in the act shall be construed
to permit an agency to delay or obstruct the inspection or copying
of public records.  This bill would delete the requirement that
computer data be provided in a form determined by the agency and
would require any agency that has information that constitutes an
identifiable public record not otherwise exempt from disclosure that
is in an electronic format to make that information available in an
electronic format when requested by any person.  The bill would
require the agency to make the information available in any
electronic format in which it holds the information, but would not
require release of a record in the electronic form in which it is
held if its release would jeopardize or compromise the security or
integrity of the original record or any proprietary software in which
it is maintained.  Because these requirements would apply to local
agencies as well as state agencies, this bill would impose a
state-mandated local program.
   Regarding payment of fees for records released in an electronic
format, the bill would require that the requester bear the cost of
programming and computer services necessary to produce a record not
otherwise readily produced, as specified.
   (2) The act requires the agency to justify withholding any record
by demonstrating that the record in question is exempt under express
provisions of the act or that, on the facts of the particular case,
the public interest served by not making the record public clearly
outweighs the public interest served by disclosure of the record.
   This bill would require a response to a written request for public
records that includes a denial of the request in whole or in part to
be in writing.  By imposing this new duty on local public officials,
the bill would create a state-mandated local program.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6253 of the Government Code is amended to read:

   6253.  (a) Public records are open to inspection at all times
during the office hours of the state or local agency and every person
has a right to inspect any public record, except as hereafter
provided.  Any reasonably segregable portion of a record shall be
available for inspection by any person requesting the record after
deletion of the portions that are exempted by law.
   (b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs of
duplication, or a statutory fee if applicable.  Upon request, an
exact copy shall be provided unless impracticable to do so.
   (c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor.  In unusual circumstances, the time limit prescribed in
this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request,
setting forth the reasons for the extension and the date on which a
determination is expected to be dispatched.  No notice shall specify
a date that would result in an extension for more than 14 days.  As
used in this section, "unusual circumstances" means the following,
but only to the extent reasonably necessary to the proper processing
of the particular request:
   (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
   (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
   (3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
   (4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.

   (d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
   (e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.
  SEC. 2.  Section 6253.9 is added to the Government Code, to read:
   6253.9.  (a) Unless otherwise prohibited by law, any agency that
has information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
   (1) The agency shall make the information available in any
electronic format in which it holds the information.
   (2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies.  The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.

   (b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
   (1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
   (2) The request would require data compilation, extraction, or
programming to produce the record.
   (c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
   (d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
   (e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
   (f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
   (g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
  SEC. 3.  Section 6255 of the Government Code is amended to read:
   6255.  (a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.
   (b) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
